CHARLESTON – A Kanawha County business alleges that a product it ordered was defective and has cost it damages.
All Quality LLC, doing business as All Quality Construction and All Quality Fence, filed a complaint Sept. 5 in Kanawha Circuit Court against Controlled Products Systems Group Inc. alleging breach of contract and fraudulent inducement.
According to the complaint, the plaintiff alleges that on Oct. 1, 2015, it entered into a contract with defendant to purchase automated spring gate operators that purportedly complied with plaintiff's client's specifications. The plaintiff alleges that the swing gate operators were defective and did not have sufficient power to operate the gates.
As a result of defendant's conduct, the plaintiff alleges it sustained damages for the additional labor costs and replacement of the gate and loss profits and reputation.
The plaintiff requests a trial by jury and seeks compensatory and punitive damages, costs and expenses and such other just and proper relief. It is represented by Michael J. Del Giudice of Ciccarrello, Del Giudice & Lafon in Charleston.
Kanawha Circuit Court case number 17-C-1257